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H. R. 3799

To limit the jurisdiction of Federal courts in certain cases and promote federalism.
IN THE HOUSE OF REPRESENTATIVES

February 11, 2004

Mr. ADERHOLT (for himself and Mr. PENCE) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To limit the jurisdiction of Federal courts in certain cases and promote federalism.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Constitution Restoration Act of 2004'.

TITLE I—JURISDICTION

SEC. 101. APPELLATE JURISDICTION.

(a) IN GENERAL-
(1) AMENDMENT TO TITLE 28- Chapter 81 of title 28, United States Code, is amended by adding at the end the following:

`Sec. 1260. Matters not reviewable

`Notwithstanding any other provision of this chapter, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any matter to the extent that relief is sought against an element of Federal, State, or local government, or against an officer of Federal, State, or local government (whether or not acting in official personal capacity), by reason of that element's or officer's acknowledgement of God as the sovereign source of law, liberty, or government.'.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 81 of title 28, United States Code, is amended by adding at the end the following:
`1260. Matters not reviewable.'.
(b) APPLICABILITY- Section 1260 of title 28, United States Code, as added by subsection (a), shall not apply to an action pending on the date of enactment of this Act, except to the extent that a party or claim is sought to be included in that action after the date of enactment of this Act.

SEC. 102. LIMITATIONS ON JURISDICTION.

(a) IN GENERAL-
(1) AMENDMENT TO TITLE 28- Chapter 85 of title 28, United States Code, is amended by adding at the end of the following:

`Notwithstanding any other provision of law, the district court shall not have jurisdiction of a matter if the Supreme Court does not have jurisdiction to review that matter by reason of section 1260 of this title.'.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following:

`1370. Matters that the Supreme Court lacks jurisdiction to review.'.

(b) APPLICABILITY- Section 1370 of title 28, United States Code, as added by subsection (a), shall not apply to an action pending on the date of enactment of this Act, except to the extent that a party or claim is sought to be included in that action after the date of enactment of this Act.

TITLE II—INTERPRETATION

SEC. 201. INTERPRETATION OF THE CONSTITUTION.,

In interpreting and applying the Constitution of the United States, a court of the United States may not rely upon any constitution, law, administrative rule, Executive order, directive, policy, judicial decision, or any other action of any foreign state or international organization or agency, other than the constitutional law and English common law.

TITLE III—ENFORCEMENT

.SEC. 301. EXTRAJURISDICTIONAL CASES NOT BINDING ON STATES.

Any decision of a Federal court which has been made prior to or after the effective date of this Act, to the extent that the decision relates to an issue removed from Federal jurisdiction under section 1260 or 1370 of title 28, United States Code, as added by this Act, is not binding precedent on any State court.

SEC. 302. IMPEACHMENT, CONVICTION, AND REMOVAL OF JUDGES FOR CERTAIN EXTRAJURISDICTIONAL ACTIVITIES.

To the extent that a justice of the Supreme Court of the United States or any judge of any Federal court engages in any activity that exceeds the jurisdiction of the court of that justice or judge, as the case may be, by reason of section 1260 or 1370 of title 28, United States Code, as added by this Act, engaging in that activity shall be deemed to constitute the commission of--

(1) an offense for which the judge may be removed upon impeachment and conviction; and
(2) a breach of the standard of good behavior required by article III, section 1 of the Constitution.

1 posted on 03/29/2004 8:04:45 AM PST by KriegerGeist
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To: Tax-chick
Later
2 posted on 03/29/2004 8:06:21 AM PST by Tax-chick ("Fear not, for those who are with us are more than those who are with them." (2nd Kings 6:16-17)
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To: Geist Krieger
Deserves a bump. Thanks for posting.
3 posted on 03/29/2004 8:07:08 AM PST by hedgetrimmer
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To: Happy2BMe; Barnacle
Ping to contact your legislator

Senate Switchboard -- 202-225-6827

House Switchboard -- 202-224-3121

White House Switchboard -- 202-456-1111 (opinion line) or 202-456-1414 (switchboard)

4 posted on 03/29/2004 8:08:00 AM PST by KriegerGeist ("Only one life to live and soon tis past, and only what was done for Jesus Christ will last")
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To: Geist Krieger
Very badly needed. This bill is far broader than the article suggests, and deserves our full support. It's a good way to tackle judicial tyranny, which is perhaps the single worst problem in our government today.

For instance, consider this clause: "In interpreting and applying the Constitution of the United States, a court of the United States may not rely upon any constitution, law, administrative rule, Executive order, directive, policy, judicial decision, or any other action of any foreign state or international organization or agency, other than the constitutional law and English common law."

SCOTUS has already shown a disturbing tendency to cite the Euroswine (European Socialist One Worlders) in their opinions, such as the opinion legitimizing buggery. We need to put a rein on such activities pronto, before they become written in stone.
5 posted on 03/29/2004 8:11:32 AM PST by Cicero (Marcus Tullius)
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